Employment-Based Immigrant Visas

Each year, a limited number of employment-based immigrant visas are available. The first steps of this application process take place entirely in the United States. The potential U.S. employer must first file a Form I-140 immigrant visa petition for the worker. I-140 forms are available on the U.S. Citizenship and Immigration Services (USCIS) website and can only be approved in the United States by the USCIS.  More information about the petitioning process is available  by visiting USCIS.gov.

Please review Permanent Worker Visa Preference Categories from USCIS website.

Please review the Department of State's Bureau of Consular Affairs for further information regarding Employment-Based Visas.

National Visa Center visa case processing.

After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will send the Choice of Address and Agent form to the applicant, if an attorney or agent will be used. (NOTE: If you already have an attorney, the NVC will not send you this form.) NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit  the necessary immigrant visa documents, including application forms, civil documents, and more.  Learn more about National Visa Center visa case processing.

For current fees for Department of State services, see Fees for Visa Services.  For current fees for USCIS services, see Check Filing Fees on the USCIS website.

Visa Interview

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and all the documents, to the U.S. embassy or consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

Applicants should bring their valid passports, as well as any other documentation not already provided to NVC, to their visa interviews. During the interview process, ink-free, digital fingerprint scans will be taken. Generally, applicants will receive their original civil documents and original translations back at the time of interview.

Ineligibilities for Visas - What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Classes of Aliens Ineligible to Receive Visas contains the complete list of ineligibilities.